What is the test for removing defective evidence from evidence?

British Columbia, Canada


The following excerpt is from U.S.A. v. Mendoza, 2016 BCSC 1297 (CanLII):

Evidence that is “so defective” or “so unreliable” that it should be disregarded must be removed from evidence by the judge: M.M. v. United States of America, 2015 SCC 62 at para. 71, United States of America v. Ferras, 2006 SCC 33 [Ferras].

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